by Oliver Optic
CHAPTER X
TONY'S CASE
No one of all Tony's numerous friends was more surprised at theaccusation made against him than Captain Sedley. Like all who werefamiliar with the past life of the brave little fellow, he wasincredulous. The very fact that Tim Bunker was near at the time of thealleged theft seemed to be sufficient to clear him. The finding of thewallet in his pocket was the most unaccountable piece of testimony thathad been adduced against him. It did not seem probable that it wouldhave remained so long in his pocket unknown to him, if any one had beenso wicked as to place it there.
As soon as the wagon which bore Tony a prisoner to the Rippleton jailhad gone, Mrs. Weston put on her bonnet, and hastened over to CaptainSedley's house. She was sure of finding assistance there. She was soconfident of Tony's innocence, that the thought of proving it for thesatisfaction of the public seemed superfluous.
"I am sure he never could do such a thing in the world, CaptainSedley," said she, wiping away her tears, and gazing with earnestnessinto the face of her benevolent patron.
"Tony always was honest," replied Captain Sedley.
"Honest! He would not steal the value of a pin from anybody."
"I think he would not."
"I _know_ he wouldn't!"
"But it seems very strange that the wallet should have been found inhis pocket."
"Tim Bunker put it there, you may depend upon it."
"Very likely; but, Mrs. Weston, you know that all these things must beproved. As the affair stands now, I am afraid the testimony againsthim, notwithstanding his good character, will be quite sufficient toconvict him."
"O Captain Sedley, I know he is innocent!" exclaimed the poor widow,her eyes filling with tears again.
"But it must be proved, you see. The finding of the wallet upon him,and the testimony of Tim Bunker that he saw him putting something inhis pocket, in the very place where the lost property was alleged tohave been left, will leave scarcely a doubt in the minds of judge andjury."
"Tim Bunker did it, I know!"
Captain Sedley shook his head. Though he had the fullest confidence inTony's innocence, he desired to give his mother a perfect understandingof the difficulties of the case. After all, there was a remotepossibility that poor Tony had been led to take the wallet; and if suchshould finally prove to be the fact, it was better for the widow to beprepared for the worst.
"I do not think Tony is guilty, Mrs. Weston; but you must consider thatappearances are very strong against him," said he.
"I know it, sir. Poor Tony! must he spend the night in jail? Is thereno way to get him out?" sobbed the widow.
"He shall not want for a friend, Mrs. Weston. Farmer Whipple must havereturned by this time, and I will go up and see him. But I do not thinkwe can get him out to-day."
"Thank you, sir; you are very good. If I could only see him, and tellhim that I feel sure he is innocent, the cold walls would seem lessdreary to him. I know what the poor fellow is thinking about."
Mrs. Weston cried like a child when she thought of her darling boy shutup within the narrow walls of a prison cell.
"He will be thinking of his home," continued she. "He will think ofme."
"He has been a good son, Mrs. Weston."
"That he has, sir. Tony steal? No, sir. He thinks too much of hismother and his home to do such a thing. But don't you suppose I couldsee him?"
"I will see him myself; won't that do as well?"
"I don't know."
"I will tell him just how you feel about it,--that you are confident heis innocent."
"Thank you, sir; he will be so comforted by it."
"And to-morrow he will probably be examined before the magistrate."
"Then he will discharge him, I know!"
"I fear not; if there are reasonable grounds for supposing him guilty,he will be committed to await the action of the grand jury."
"Then it will be weeks and months before they prove his innocence,"interposed the widow.
"The grand jury is in session now; all they will do, if they find abill against him, will be to commit him for trial."
"That makes three times they will try him," said Mrs. Weston, perplexedby the complications of the law. "Must he stay in prison till all thesetrials are finished?"
"He can be bailed out to-morrow, after his examination."
"I must give bonds for him, must I?"
"I will do that, Mrs. Weston. Probably he can come home beforeto-morrow noon."
"God bless you, Captain Sedley. You have always been very good to me inmy troubles."
"Ben," said Captain Sedley, going to the window, and calling the oldsailor who was at work in the garden, "Ben, put the bay horse into thechaise."
"This is a world of trouble, Captain Sedley," said the widow, with adeep sigh.
"But from trouble and affliction come forth our purest aspirations. Godis good to us, even when he sends us trials and sorrows."
"I will not complain; I have much to be thankful for."
In a few moments the horse and chaise were ready.
"I am going over to see Farmer Whipple, Mrs. Weston, and then I shallride down to Rippleton. Keep your spirits up, and be assured everythingshall be done to comfort your son, and to prove his innocence. I shallengage Squire Benson to defend him."
"Heaven bless you, Captain Sedley," said the poor widow, wiping awayher tears, as her benevolent friend got into his chaise.
Farmer Whipple was fortunately at home when he arrived at his house,and Captain Sedley immediately opened his business.
"I don't much think that Tony did it," said the farmer; "but thingswere agin him, you see."
"How much money was there in the wallet?" asked Captain Sedley.
"More'n I can afford to lose, Cap'n. It was a careless trick of mine."
"What was the amount?"
"There was forty-six dollars in bills, besides some odd change."
"Do you remember what banks the bills were on?"
"Most on 'em. There was a twenty dollar bill on the Rippleton Bank, aten on the Village Bank, and some small bills, mostly on Boston Banks."
"Where is the wallet now?"
"I got it; Squire Little said I might take it agin."
"Was the money all right?"
"Bless you, no! If it had been, I wouldn't say a word. All the smallbills were there, but the big ones were gone."
"Indeed!"
"That's the wo'st on't."
"Have you any description of the lost bills?"
"Well, yes; I reckon I should know the twenty agin, if I saw it."
"How?"
"Well, it happens rather lucky. Arter we came from the jail, I wentinto Doolittle's store to git some tea. When I went in there, he wasfixin' some kind of a plate, with his name on't; a pencil plate, Ibelieve he called it."
"A stencil plate," said Captain Sedley.
"Jest so; he was marking his name on the back of some bank bills withit. I telled him about the robbery, and that the twenty dollar bill hegive me the day before was gone with the rest. Then he telled me thatthat twenty dollar bill was marked with his 'pencil plate,' d'ye see?"
"He might have marked a dozen others with it," added Captain Sedley.
"No, he didn't. You see, he didn't git the plate till jest afore hepaid me that bill, and he is sartin that is the only twenty dollar billhe has marked."
"Did you see the mark yourself?"
"I saw sunthin' on it, but I couldn't read it without puttin' myglasses on; so I didn't mind what it was."
Captain Sedley considered this important information. If the twentydollar bill, thus marked, should ever appear in the village, it mightfurnish a clew by which to trace out the thief.
On his arrival at Rippleton village, he went to Doolittle's store, andascertained that he had marked no more bills; that he was sure he hadmarked no other twenty dollar bill than the one he paid to FarmerWhipple. Requesting him not to mark any more, he went over to the jail.
Tony was in much
better spirits than he expected to find him. His onlytrouble was in relation to his mother, and he cried bitterly when hespoke of her. Captain Sedley comforted him, assuring him his mother andhis friends were satisfied that he was innocent, and that he shouldhave the best lawyer in the county to defend him.
"I don't want any lawyer, Captain Sedley," said Tony stoutly; "I am asinnocent of this crime as though I had never been born."
"But, Tony, who do you think stole the wallet?"
"I have no idea, unless Tim Bunker did; and he has laid it to me toclear himself."
"Tim is one of the witnesses, and a good lawyer may be able to get thetruth out of him."
"I don't believe he could," replied Tony with a faint smile.
"I shall engage Squire Benson to defend you; and to-morrow, before theexamination, he will come in to see you. If you have anything to say,you can say it to him."
"I can only say I am innocent."
"He will want to know all the circumstances."
"I will tell him all I know about it."
After some further conversation, Captain Sedley took his leave, andhastened to the office of Squire Benson, who was the most distinguishedlawyer in that county.
The legal gentleman readily engaged to defend Tony, and arrangementswere made for the examination. The marked bank bill was an importantmatter for consideration, though there was no present hope of findingit. But there was a prospect that it would eventually come to light.
On his arrival at his house, Captain Sedley found the widow Westonwaiting his return. She was much comforted when she heard that Tony wasin good spirits. She listened with attention to all her kind friendsaid, and went home with a lighter heart than when she came. Theinterest which Captain Sedley manifested in the case inspired her withhope. He was an influential man, and his assistance would enable her todo all that could be done.
On the following morning the examination of Tony took place at theoffice of Squire Little. Mrs. Weston had an interview with her son whenhe was brought in by the officer. Both wept, but there was hope in theconsciousness that he was innocent. Frank, Charles, and Tim Bunker werethere as witnesses, as well as Farmer Whipple and Mr. Hyde.
The examination proceeded, but it was only a repetition of the factsalready given. Squire Benson, in his cross examination, pressed TimBunker severely; but though there were several trifling inconsistenciesin his answers, his testimony was generally accurate. He denied havingtold Tony that he saw Farmer Whipple pass through the wood-house.
Captain Sedley had prepared Mrs. Weston for the result; and when Tonywas bound over to await the action of the grand jury, she heard thedecision with tolerable calmness. Her benevolent friend became hisbail; he was liberated, and they all went home together.